Ninth Circuit Denies Petition for En Banc Rehearing in Kids Climate Case
The U.S. Court of Appeals for the Ninth Circuit denied the plaintiffs’ petition for rehearing en banc in Juliana v. United States, the so-called “Kids Climate Case,” earlier today. Although the petition had been pending for nearly a year, and the initial panel split over whether the plaintiffs had standing, the order was issued without any noted dissent.
The Ninth Circuit’s decision was not particularly surprising. To call the plaintiffs’ underlying theory aggressive would be an understatement, and the Supreme Court had previously indicated its skepticism of the trial court decision validating some of the plaintiffs’ claims. The current Supreme Court is not particularly fond of aggressive and innovative litigation theories, sweeping
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